The case originated from the Guangzhou company's distribution of products bearing the client's trademark in the market, accompanied by the issuance of a falsified Certificate of Analysis (COA). Upon acceptance of the entrustment, the NTD team conducted a thorough investigation and professional analysis, confirming that the company had altered the product batch numbers on the items in question and that the product packaging displayed multiple noticeable differences from genuine products. The NTD team subsequently filed a formal administrative complaint with the Yuexiu District Market Regulation Administration. The market regulatory authorities responded promptly, conducting an enforcement inspection of the company and seizing a substantial quantity of infringing inventory.
During the administrative investigation and proceedings, the accused company, represented by a legal counsel, raised three main defenses: first, it claimed that altering batch numbers on only some products did not constitute trademark infringement; second, it asserted that the products had a legitimate source; and third, it argued that the proposed penalty was excessive. To ensure a fair process, the Yuexiu District Market Regulation Administration lawfully organized a hearing. During the hearing, the accused company submitted documents such as bills of lading, transport documents, email correspondence, and relevant case materials in an attempt to support its defenses.
Faced with the case's complexities and the defendant's arguments, our enforcement team meticulously prepared and responded comprehensively. From assisting with case filing and investigation, cooperating in the identification of infringing products, and providing professional legal opinions, to systematically gathering evidence and fully participating in the hearing, every step strictly adhered to legal procedures. The NTD team maintained detailed communication with the market regulatory authority and promptly addressed investigatory queries. Countering the defendant's three defenses, the NTD team leveraged comprehensive materials related to the client's production, shipping, packaging, and anti-counterfeiting systems to precisely identify flaws in the opposing party's evidence, and effectively refuted each defense point-by-point, based on the Trademark Law of the People's Republic of China and the factual evidence.
Following the hearing and debate, the Yuexiu District Market Regulation Administration fully adopted NTD's arguments. It legally determined that all the products in question were either counterfeit or lacked a legitimate source, rejected all defenses raised by the company, and issued the aforementioned stringent administrative penalty.
The successful outcome of this enforcement case not only further highlights the brand influence and determination regarding IP protection of this international chemical company in the Chinese market but also reflects the "zero tolerance" attitude of China's market regulatory authorities towards trademark infringement. Furthermore, it amply demonstrates NTD's professional capabilities in the field of intellectual property legal services, encompassing trademark enforcement and handling administrative hearings. By effectively overcoming the complex defenses and procedural delays employed by the accused company and facilitating the imposition of a severe penalty by the regulators according to law, we have robustly safeguarded our client's legitimate rights and interests, providing solid legal support for protecting the company's business operations in the Chinese market.
Yan ZHANG joined NTD after graduating from Renmin University of China in 2014 and started her profession in intellectual property.
Yan ZHANG concentrates her practice in litigation and non-litigation of trademarks, anti-unfair competition, copyright, including civil litigation, trademark administrative litigation, administrative enforcement, customs protection, domain name complaints and IP strategy counseling. She has represented well-known Chinese and foreign enterprises in trademark, copyright and unfair competition litigation.
Fei LI
Fei LI has years of experience in intellectual property practice. He mainly engages in fields such as trademarks, copyrights, unfair competition and reputation rights disputes. He has successfully negotiated and resolved numerous complex trademark disputes on multiple occasions, fulfilling clients' entrustments with high quality. He also has extensive experience in intellectual property rights enforcement, with a large number of successful cases in trademark infringement, copyright infringement, unfair competition, as well as administrative and criminal complaints.
